If you’re looking to learn about the procedures for obtaining a construction permit, you’ve come to the right place!
1 Application for a Construction Permit for Residential Buildings
Land Use Right Certificate
According to Clause 1, Article 95 of the 2014 Construction Law, the application dossier for a construction permit for residential buildings includes:
- Application form for a construction permit;
- Copy of the land use right certificate;
- Construction design drawings;
- Commitment to ensure safety for adjacent or encroaching structures with basements.
Additionally, the dossier must be supplemented with a copy or digital file of the approved foundation construction method by the investor, ensuring the safety of the construction and adjacent structures, as per Article 11 of Circular No. 15/2016/TT-BXD.
2 Procedure for Applying for a Construction Permit
The procedure for applying for a construction permit consists of 3 steps
Here is a detailed guide on the procedure for applying for a construction permit:
Step 1: Prepare all necessary documents and submit 01 dossier to the People’s Committee at the district level where the construction of the residential building is planned and the permit is to be obtained.
Step 2: The department in charge of receiving the dossier will proceed with the inspection. If the dossier is incomplete, the land user will be required to supplement it. If the dossier is complete, a receipt will be issued and given to the land user.
In the event that further consideration is needed, the permitting authority must notify the land user in writing and inform the competent authority for direct management to review and provide instructions for implementation.
Step 3: The land user goes to the department in charge of receiving the dossier at the time specified on the receipt to obtain the results and pay the fees as prescribed. The land user will receive the permit along with the approved design drawings stamped by the permitting authority or a written response in case the conditions for granting the construction permit are not met.
3 Where to Submit the Application for a Construction Permit?
Submit the application for a construction permit to the competent authority
The application for a construction permit should be submitted to the People’s Committee at the district level where the construction is planned and the permit is sought. After submitting the dossier, you will need to wait for the department in charge of receiving the dossier to inspect it. If the dossier is incomplete, you will need to supplement it, and if it is complete, you will receive a receipt from the receiving department.
The following is a list of state agencies with the authority to grant and issue construction permits:
- People’s Committee of the Commune grants construction permits for separate houses in rural residential areas that have approved construction planning and in areas specified by the District People’s Committee where construction must have a construction permit within the administrative boundaries they manage.
- People’s Committee at the District Level grants construction permits for the remaining works and separate houses in urban areas within the administrative boundaries they manage, except for cases under the authority of the Provincial People’s Committee.
- People’s Committee at the Provincial Level authorizes the Department of Construction to grant construction permits for special-grade, grade-I, and grade-II constructions; religious buildings; historical and cultural relic sites; statues and monuments; constructions on main routes and streets in urban areas as specified by the Provincial People’s Committee; and constructions belonging to foreign direct investment projects.
*Note: The authority that grants the construction permit is also responsible for matters related to modifications, extensions, re-issuance, or revocation of the permit. The Provincial People’s Committee has the authority to revoke construction permits issued by lower-level authorities (District-level People’s Committee, Commune-level People’s Committee) if they are found to be in violation of regulations.
4 How Long Does It Take to Obtain a Construction Permit?
How long does it take to obtain a construction permit?
For new construction permits, including temporary construction permits, adjustments, and relocation permits, the processing time should not exceed 20 working days for constructions, 15 working days for separate houses in urban areas, and 10 working days for rural houses, from the date of receiving a valid dossier.
For cases of re-issuance or extension of a permit, the processing time should not exceed 10 working days from the date of receiving a complete and valid dossier.
5 Frequently Asked Questions about the Procedure for Obtaining a Construction Permit
Construction of structures requires a construction permit
What is a construction permit application?
According to Clause 17, Article 3 of the 2014 Construction Law, a construction permit is a legal document issued by a competent state agency to the investor for the construction, repair, renovation, or relocation of a structure.
Which entities must apply for a construction permit for separate houses?
According to Clause 2, Article 3 of the 2014 Housing Law, separate houses are defined as houses built on separate land plots that are legally owned by households, individuals, or organizations, including villas, adjacent houses, and detached houses.
Before commencing construction, the investor must obtain a construction permit from the competent authority, except in cases where the structure is exempt from the permit requirement.
The investor constructing a separate house is an individual who owns the capital or borrows capital to invest in the construction. In other words, the investor is the person who pays the construction workers to build their separate house.
What documents are required for a construction permit application for a house?
The investor must prepare 02 sets of dossiers as per Article 11 of Circular No. 15/2016/TT-BXD, including:
– Application form for a construction permit;
– Copy or scanned copy of the land use right certificate.
– Copy or scanned copy of two sets of technical design or construction drawing designs approved as per the provisions of the law on construction, each set including:
- Drawing of the structure’s layout on the land plot at a scale of 1/50 – 1/500, along with a diagram of the structure’s location;
- Drawings of the floors, facades, and main cross-sections of the structure at a scale of 1/50 – 1/200;
- Drawing of the foundation plan at a scale of 1/50 – 1/200 and a cross-section of the foundation at a scale of 1/50, along with a diagram of the connection to the rainwater, wastewater, water supply, electricity, and information systems at a scale of 1/50 – 1/200.
In cases where the construction design of the structure has been reviewed by a construction specialist agency, the design drawings specified in this section are copies or digital files of the construction design drawings that have been reviewed by the construction specialist agency.
- For structures with encroaching basements, in addition to the documents specified in points 1, 2, and 3 above, the dossier must also include a copy or digital file of the approved foundation construction method by the investor, ensuring the safety of the structure and adjacent structures.
- For structures with adjacent constructions, a commitment from the investor to ensure the safety of the adjacent structures is required.
What are the fees for obtaining a construction permit in Hanoi, Ho Chi Minh City, and Haiphong?
Fees for obtaining a construction permit in the three major cities
The following are the fees for obtaining a construction permit in Hanoi, Ho Chi Minh City, and Haiphong:
Construction permit fees in Hanoi are based on Resolution No. 20/2016/NQ-HĐND dated December 6, 2016:
- New permit for separate houses of the people (subject to permit requirements): VND 75,000.
- New permit for other constructions: VND 150,000.
- Permit extension: VND 15,000.
Construction permit fees in Ho Chi Minh City are based on Article 2 of Resolution No. 18/2017/NQ-HĐND dated December 7, 2017:
- Construction permit for separate houses: VND 75,000.
- Construction permit for other constructions: VND 150,000.
- Permit extension, re-issuance, or adjustment: VND 15,000.
- Exempted entities: Children, households living in poverty, elderly people, people with disabilities, and people with meritorious services to the revolution.
Construction permit fees in Haiphong are based on Resolution No. 45/2018/NQ-HĐND dated December 10, 2018:
- Construction permit or adjustment of construction permit for separate houses: VND 75,000.
- Construction permit or adjustment of construction permit for other constructions: VND 150,000.
- Permit extension or re-issuance: VND 15,000.
What constructions are exempt from the construction permit requirement?
On June 17, 2020, the National Assembly passed the amended Construction Law 2020, which includes nine types of constructions that are exempt from the construction permit requirement:
(1) Secret constructions of the State; emergency constructions;
(2) Constructions belonging to investment projects using public investment capital, with the investment decisions made by the Prime Minister, the head of the central agency of political organizations, the Supreme People’s Procuracy, the Supreme Court, the State Audit Office, the Office of the President, the National Assembly, ministries, ministerial-level agencies, Government-affiliated agencies, central committees of the Vietnam Fatherland Front and socio-political organizations, or the People’s Committees at provincial levels;
(3) Temporary constructions as defined in Article 131 of the Construction Law;
(4) Constructions undergoing repairs or renovations that do not affect the bearing structure of the construction, do not change the construction’s function, and do not affect fire, explosion, and environmental protection safety, and whose exterior repairs or renovations do not face streets in urban areas with architectural management requirements as prescribed by competent state agencies;
(5) Advertising constructions that are not subject to construction permit requirements as prescribed by advertising laws; passive telecommunications infrastructure constructions as prescribed by the Government;
(6) Constructions located in the administrative boundaries of two provincial-level units or more, or constructions along routes outside urban areas that comply with approved construction planning or technical and specialized planning by competent state agencies;
(7) Constructions whose construction designs have been reviewed by construction specialist agencies and meet the conditions for granting construction permits as prescribed by the Construction Law after the design appraisal results of the construction designs have been issued by the construction specialist agencies;
(8) Separate houses with a scale of fewer than 7 floors belonging to investment projects for the construction of urban areas or residential areas that have been approved with a 1/500 construction planning by competent state agencies;
(9) Grade-IV constructions, separate houses in rural areas with a scale of fewer than 7 floors, and constructions in mountainous and island areas that are not within urban planning, construction planning of functional areas, or detailed planning of rural residential areas approved by competent state agencies; except for constructions and separate houses in protected areas of historical and cultural relics.
Procedure for Obtaining a Construction Permit for a Grade-IV House
Construction design drawings
The following steps are required to obtain a construction permit:
- If the dossier is complete: The official will issue a receipt to the applicant.
- If the dossier is incomplete: The official will guide the applicant on supplementing the missing documents.
Do I Need a Permit to Build a One-Story House? How to Obtain a Construction Permit for a One-Story House?
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